Oakland Food Policy Council Statement on Urban Agriculture

The Oakland Food
Policy Council has identified support for and expansion of urban
agriculture (UA) through local policy and coordination as one of our top
goals.

Broadly, UA encompasses the cultivation of fruits,
vegetables, plants, flowers or herbs, and/or raising animals and
livestock in cities. Oakland is already home to a thriving community of
urban farmers and gardeners who contribute to our city’s culture,
health, environment, and economic vitality.

However, our planning
process identified a number of areas where Oakland residents could
benefit from clearer, updated, and streamlined local policies related to
urban agriculture – especially in our zoning code. The widely
publicized case of Ghost Town Farm, which was recently cited for lack of
compliance with Oakland’s current zoning codes, highlights the need for
an open dialogue about what sort of regulatory framework for UA
activities we want to have here in Oakland. We would like to use this
opportunity to generate public discussion about policy barriers and
opportunities related to UA and to continue to urge the City to expedite
the revision of existing zoning that in some cases hinders UA in
Oakland. Most important, we are interested in promoting a positive and
productive dialogue where our policymakers, city staff, and residents
can work together to chart a course for the future of UA.

We have identified two priority areas where we recommend policy changes:

1. Update
zoning for UA to include a broader and more diverse range of food
growing practices. Under the most recent citywide zoning update that is
about to take effect, “Crop and Animal Raising Agricultural Activities”
are allowed in all residential and commercial zoning districts with a
Conditional Use Permit (CUP). The OFPC is working with the Planning
Department to draft new UA definitions and amend the UA sections of the
Zoning code in order to both clarify and streamline how different types
of UA activities are regulated. Instead of one blanket policy that
applies to all kinds of UA regardless of scale or intensity of
activities, we are proposing definitions (and appropriate operating
standards) for three types of UA that will help determine where UA can
be practiced in Oakland:

- Residential UA is any form of plant and
animal raising activity on a private residential property by an
individual or family with the primary purpose of household consumption
(regarding sales of Residential UA surplus, see the next point below).
We propose that residential gardens be allowed as-of-right (with no
additional permits or fees required) in all residential zones.

- Civic
UA must be organized and operated by a Community Group, which may
include local civic associations, public agencies, non-profit agencies,
gardening clubs, homeowners associations, or even a group formed for the
purpose of establishing a garden. We propose that civic gardens be
allowed in all residential zones, and in most commercial zones (it may
be appropriate for some commercial areas, such as our downtown, to
require a CUP).

- Commercial UA use is distinguished from Civic UA
by the intensity of site cultivation, the size of the site cultivated,
and the primary purpose of the site’s use, which is growing vegetables,
plants, flowers or for sale (including for-profit and non-profit
enterprises). We propose that commercial UA be permitted in Commercial
and Industrial Zones, and in residential zones with a CUP.

We welcome comments from the public regarding these definitions and zoning regulations.

2. Update
zoning for sales of raw agricultural products to allow for small-scale
entrepreneurial activities. Currently, selling raw, unprocessed
agricultural products such as produce is regulated by a number of
different laws, including Oakland’s zoning code (briefly, where selling
can take place) and by city business permitting and licensing (who is
allowed to sell). Generally, commercial activity (like selling produce
grown onsite) is not allowed under current code in residential zones.

The
OFPC supports modifying our code to allow some sales of raw
agricultural products in residential zones. Prohibiting produce sales in
residential zones may limit both the healthy food access benefits of
urban agriculture and the small-scale entrepreneurial opportunities that
it provides to residents. A number of cities, such as San Francisco,
CA, Seattle, WA, Cleveland, OH, and Kansas City, MO have recently
relaxed prohibitions on sales in residential areas and allowed gardeners
to offer their bounty for-sale with appropriate operating standards in
place. Additionally, we recommend that any CUP process take into
account size and scale of the UA operation (considering such issues as
gross sales), and offer a tiered cost structure.

In addition to
the priority policy recommendations above, there are several other areas
where updated policies could benefit Oakland’s urban farmers and
gardeners, including raising animals and livestock. For example,
Seattle’s new urban agriculture zoning increased the number of chickens
permitted per household and added other allowed animals, including
potbelly pigs. The OFPC also strongly supports the integration of
animals into urban food production systems because they provide products
that can improve the diets of Oakland’s residents (e.g. fresh milk,
honey, eggs, and meat). Some urban farmers collect wool and goat hair
for cottage industries. Finally, manure is an important fertilizer
source for sustainable, ecological food production that is not reliant
on petroleum-based chemical fertilizers.

The time is ripe to
craft regulations that protect and expand UA, while ensuring that it
will consistently be practiced in ways that are compatible with
surrounding uses. The OFPC has already compiled suggested zoning code
language (including a matrix of zones and UA activities) which we have
shared with the City of Oakland Planning & Zoning Department, and we
encourage you to contact your City Councilmember to encourage them to
support these important policy changes.

The OFPC is prepared to
help facilitate this dialogue in any way needed. We, along with all
those who have signed this letter, believe that the recommendations
outlined above will make for a healthier, more vibrant Oakland.

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Comment

I am a resident at the uptown apartments across from the art park. I have been thinking that maybe the bare land that remains fenced in across the street could be an urban organic garden to serve the community. It would also provide a place to locally compost and an educational activity that community children could become involved in. I am not alone in wanting to see more greenery/parks incorporated into our changing urban environment.